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CIRCULAR

Guiding the inspection and certification of quality conformity of construction works

Pursuant to the Government's Decree No. 36/2003/ND-CP of April 4, 2003, defining the functions, tasks, powers and organizational structure of the Construction Ministry;

Pursuant to the Government's Decree No. 209/2004/ND-CP of December 16, 2004, on management of quality of construction works;

Pursuant to the Government's Decree No. 179/2004/ND-CP of October 21, 2004, stipulating the state management over quality of products and goods;

The Construction Ministry hereby guides the inspection and certification of quality conformity of construction works as follows:

I. GENERAL PROVISIONS

1. Governing scope

This Circular guides the inspection and certification of quality conformity of construction works specified in Article 28 of the Government's Decree No. 209/2004/ND-CP of December 16, 2004, on management of quality of construction works.

Investors, construction contractors, domestic and foreign quality-certifying organizations that conduct the inspection and certification of quality conformity of construction works in the Vietnamese territory must comply with the provisions of this Circular.

2. Subjects of application

a/ Works subject to compulsory quality conformity certification before being put to use are those which, in case of incidents, may cause disastrous damage to humans, property and environment, including such works for mass gathering as theaters, cinemas, circuses, meeting halls, schools, stadiums, gymnasiums, department stores, and works with similar functions; condominiums, hospitals, working offices, hotels, chemical and petrochemical works, gas processing works, oil and gas depots of all grades, dikes, dams, bridges and tunnels of grade II or higher;

b/ Works shall be given quality certification at the request of competent state management agencies; insurance organizations; organizations and individuals that use or manage such works (referred to as requesters for short).

3. Contents of inspection and certification of quality conformity of construction works:

a/ For works defined at Point a, Clause 2, Section I of this Circular, depending on their safety requirements, the contents of inspection and certification of quality conformity may be one, some or all of the following:

- Safety of their force-bearing capacity;

- Safety in use and operation of works;

- Safety of fire prevention and fighting;

- Environmental safety.

b/ For works defined at Point b, Clause 2, Section I of this Circular, the scope of inspection and certification of quality conformity shall cover a part, an item or the whole of works according to the specific quality criteria set forth by the requesters.

4. Interpretation of terms

a/ Certification of quality conformity of construction works (hereinafter referred to as certification of quality of works for short) means act of certifying that quality of completed construction works conforms to the use requirements and construction norms and standards applicable to such works, their approved designs and legal documents on management of quality of construction works.

b/ Organizations certifying quality of construction works (hereinafter referred to as quality-certifying organizations for short) mean those with capability suitable to types and grades of works, which conduct the inspection and certification of quality of construction works.

II. INSPECTION AND CERTIFICATION OF QUALITY OF CONSTRUCTION WORKS

1. Selection of quality-certifying organizations

a/ For construction works subject to compulsory quality certification, investors shall select and enter into contracts with capable quality-certifying organizations according to the provisions of Clause 5, Section II of this Circular, which are suitable to types and grades of works to conduct the quality inspection and certification. Particularly for specialized contents such as safety of fire prevention and fighting, labor safety, and assessment of environmental impacts, quality-certifying organizations shall be selected according to current provisions of law.

Organizations conducting the quality certification must observe the principles of independent operation, non-binding by economic benefits, organizational structure or other forms of binding to investors, engineering contractors, construction contractors, contractors supplying materials and equipment, project management consultants and construction supervision consultants of the very works subject to the quality certification.

b/ For works subject to requested quality certification, investors shall select and enter into contracts for inspection and certification of quality with quality-certifying organizations. Certification contents shall depend on specific requests of quality certification requesters. Quality-certifying organizations must observe the principles of independent and objective operation as provided for at Point a above, and be selected under agreements of work quality certification requesters.

2. Process and methods of inspection of quality of construction works

a/ Basing themselves on the contents of inspection and certification of quality conformity of construction works specified in Clause 3, Section I of this Circular, quality-certifying organizations shall work out the order and methods of quality inspection and certification, which must be consented to by investors.

b/ Process of inspection of quality of construction works may be divided into the following steps of inspection: designing dossier, materials, equipment, steps of construction process and works upon their completion. Depending on the contents of quality certification requests, the inspection may be conducted with one, some or all of above-said steps.

c/ Methods of inspection include examination of quality pre-acceptance test dossiers of investors and probability inspection of quality of works. In the course of inspection, if having doubts about quality of works, quality-certifying organizations shall request investors to clarify it. In case of necessity, quality-certifying organizations may request investors to organize re-inspection of designs and quality of works in order to have enough grounds for conclusion on quality.

3. Certification of quality of construction works

a/ Quality-certifying organizations shall give quality certificates for works according to contents of certification jobs they have done;

b/ For works subject to compulsory quality certification, work quality certificates shall serve as basis for commissioning such works. Contents and form of quality certificates are specified in the Appendix to this Circular (not printed herein). Investors shall have to send one copy of quality certificate together with the report on inspection result related to the quality certification to the local agency in charge of state management over construction for examination and management;

c/ For works subject to requested quality certification, quality certificates mean the certification that investors have satisfied quality certification requirements of requesters.

d/ The quality certification by quality-certifying organizations shall neither substitute for nor reduce responsibility of parties related to quality of construction works according to the provisions of law.

4. Settlement of complaints about results of certification of quality of construction works

Results of quality certification should be reviewed when involved parties lodge complaints thereabout. Where involved parties fail to settle disputes by themselves, their complaints shall be sent to the local agencies in charge of state management over construction for settlement.

5. Conditions on capability of organizations certifying quality of construction works

a/ Quality-certifying organizations must satisfy all conditions on capability for providing construction consultancy as provided for by law suitable to types and grades of works they inspect and quality certification contents. Regarding experience, they must have at least participated in one of the following construction consultancy activities: project management, construction engineering, construction supervision, and inspection of quality of construction works for the latest five consecutive years and committed no violation in construction activities.

b/ Individuals personally conducting the quality inspection and certification must have certificates for practicing as architects, engineers or construction supervisors suitable to their assigned jobs. Such individuals have not committed violations in construction activities for the latest three years. Persons assuming the prime responsibility for quality inspection and certification must have worked for more than 10 years in appropriate professional domains.

III. RIGHTS AND OBLIGATIONS OF ORGANIZATIONS AND INDIVIDUALS INVOLVED IN ACTIVITIES OF INSPECTION AND CERTIFICATION OF QUALITY OF CONSTRUCTION WORKS

1. Rights and obligations of investors

a/ Rights:

- To select quality-certifying organizations suitable to types and grades of work;

- To lodge complaints about results of certification of quality of construction works;

- To exercise other rights under contracts entered into with quality-certifying organizations and provisions of law.

b/ Obligations:

- To organize the certification of quality of works for those subject to compulsory quality certification;

- To approve cost estimates and enter into contracts for quality inspection and certification with certifying organizations;

- To supply relevant dossiers, documents and certificates, and create conditions for quality certification activities;

- To notify local agencies in charge of state management over construction of plans on inspection and certification of quality of works after entering into contracts for quality inspection and certification. To send quality certificates and quality certification dossiers to these agencies right after quality certification results are obtained for examination and management.

- To put their works to use only after obtaining all required quality certifications;

- To pay quality certification expenses to quality-certifying organizations even if not being granted quality certificates due to inferior quality of works.

- To fulfill other contractual obligations committed with involved parties.

2. Rights and obligations of quality-certifying organizations

a/ Rights:

- To request investors and contractors to supply documents necessary for the inspection and certification of quality of construction works;

- To refuse to grant quality certificates for works with quality being not up to requirements of designs, standards and norms applicable to such works;

- To exercise other rights under contracts entered into with investors and provisions of law.

b/ Obligations:

- To ensure the truthfulness and objectivity of the inspection and certification of quality of works;

- To be held responsible before investors and law for the results of their inspection and certification of quality of works.

3. Rights and obligations of contractors engaged in construction activities

a/ Rights:

- To lodge complaints about results of certification of quality of construction works.

- To exercise other rights provided for by law.

b/ Obligations:

- To supply fully dossiers and documents relating to the quality inspection and certification at the request of quality-certifying organizations and investors;

- To create conditions for quality-certifying organizations to perform their jobs;

- To fulfill other obligations provided for by law.

IV. STATE MANAGEMENT OVER ACTIVITIES OF INSPECTION AND CERTIFICATION OF QUALITY OF CONSTRUCTION WORKS

1. The Construction Ministry shall:

a/ Uniformly manage and guide activities of certification of quality of works and management of quality-certifying organizations throughout the country;

b/ Inspect the situation of certification of quality of construction works. Coordinate with local agencies in charge of state management over construction in inspecting activities of certification of quality of civil, industrial, grade-1 and special-grade infrastructure construction works when necessary or at the request of local state management agencies.

c/ Settle complaints about results of certification of quality of works at the request of local agencies in charge of state management over construction.

d/ Be entitled to stop the quality certification when detecting violations and designate other quality-certifying organizations to perform the certification jobs in case of necessity.

The Department for State Quality Verification of Construction Projects under the Construction Ministry shall be the sole body assisting the Construction Ministry to perform the above-said tasks.

2. Ministries managing specialized construction works shall:

a/ Guide activities of quality certification with regard to specialized construction works under their management;

b/ Inspect the situation of quality certification with regard to specialized construction works. Coordinate with the Construction Ministry and local agencies in charge of state management over construction in inspecting activities of certifying quality of grade-1 and special-grade specialized construction works when necessary under decentralization.

c/ Be entitled to stop the quality certification activities when detecting violations and designate other quality-certifying organizations to perform the certification job.

d/ Report once every six months to the Construction Ministry on activities of certification of quality of specialized construction works.

3. Provincial/municipal People's Committees shall:

a/ Guide activities of inspecting and certifying quality of construction works within the administrative boundaries under their respective management;

b/ Inspect activities of certifying quality of construction works in their localities. Receive and manage quality certificates sent by investors and sum up and send reports thereon to the Construction Ministry. Coordinate with the Construction Ministry and ministries in charge of specialized construction management in inspecting the certifying quality of grade-I and special-grade works.

c/ Settle complaints about results of certification of quality of works in their localities, and report complicated cases to the Construction Ministry or ministries managing specialized construction works for settlement guidance.

d/ Be entitled to stop the certification of quality of works in their localities when detecting violations in work quality certification activities and designate other certifying organizations to perform certification jobs when deeming it necessary.

Provincial/municipal Construction Services shall assume the prime responsibility for, and coordinate with provincial/municipal Services managing specialized construction works in, assisting presidents of provincial/municipal People's Committees to perform the above-said jobs and report once every six months to the Construction Ministry on activities of certifying quality of construction works in their localities.

4. Handling of violations:

a/ Quality-certifying organizations shall, depending on the seriousness of their violations, be subject to the following sanctioning forms:

- Suspension of certification activities for non-compliance with the order and procedures provided for in this Circular.

- Withdrawal of business licenses, reimbursement of certification expenses and payment of compensations according to the provisions of law, for intentional certification untrue to quality of works.

b/ Other organizations and individuals involved in the inspection and certification of quality of construction works that violate the provisions of this Circular shall, depending on the nature and seriousness of their violations, be administratively sanctioned. If causing damage, they must pay compensations therefor according to the provisions of law.

V. EXPENSES FOR INSPECTION AND CERTIFICATION OF QUALITY OF CONSTRUCTION WORKS

1. For works subject to compulsory quality certification: Expenses for inspection and certification of quality of construction works shall be paid by investors to quality-certifying organizations from the source of construction project management funding. Where quality inspection and certification expenses exceed 35% of construction supervision expenditures of the very subjects of quality certification, investors shall propose them to investment deciders for decision.

2. For works subject to requested inspection and quality certification: Expenses for quality inspection and certification shall be paid by investors or work quality certification requesters according to agreements with investors.

3. Quality-certifying organizations shall have to make cost estimates for the quality inspection and certification jobs corresponding to contents and scope of quality inspection and certification, then submit them to investors for approval.

VI. ORGANIZATION OF IMPLEMENTATION

1. Organization of implementation

a/ Ministries, ministerial-level agencies, Government-attached agencies, provincial/municipal People's Committees, enterprises, investors, and concerned organizations and individuals shall have to implement the provisions of this Circular. Any problems arising in the course of implementation should be reported to the Construction Ministry for study and solution.

b/ For works under construction or completed works which are subject to compulsory quality certification, investors shall have to hire quality-certifying organizations with capability suitable to types and grades of their works to examine pre-acceptance test dossiers. Such quality-certifying organizations may request investors to re-assess quality when deeming it necessary before granting quality conformity certificates.

2. Implementation effect

This Circular takes effect 15 days after its publication in "CONG BAO."